A surgical error is a preventable mistake made during surgery. Surgical errors go beyond the known risks of surgery. According to a 2012 John Hopkin’s Malpractice Study more than 4,000 preventable mistakes or surgical “never events” occur in surgery every year. Researchers say they estimate that 80,000 of these so-called “never events” occurred in American hospitals between 1990 and 2010 – and believe their estimates are likely on the low side.
Common reasons for surgical errors can include a hospital, a medical provider, a surgeon, a doctor, a nurse, or an anesthesiologist’s inadequate preoperative planning, poor or miscommunication, fatigue, under the influence of drugs or alcohol, improper work process, neglect and/or incompetence.
Types of Surgical Errors we handle:
- When surgical instruments or foreign objects such as sponges or towels are unintentionally left behind in the patient
- When a wrong procedure is performed on a patient
- When a wrong surgical site / wrong body part is operated upon (ex. head, leg, arm, kidney, etc.)
- When surgery or operation is done on the wrong patient
- When anesthesia errors or complications occur
- When “never events” injury occurs
- When surgical fires occur
- When a medical provider fails to inform a patient of a surgical error and make timely repairs
- When a medical provider provides the wrong drug or causes a drug overdose (prescription or medication errors)
- When a medical provider improperly monitors the patient before, during or after surgery
- When a patient dies as a result of a surgical error
Surgical mistakes can lead to long-term negative consequences for the patient. Some patients may require additional surgeries and therapies to correct the error. Other patients may experience brain injuries, paralysis, bleeding, nerve damage, blindness, infections, loss of a limb or even death.
In order to establish medical malpractice or medical negligence, one must prove that the surgeon or medical provider deviated or failed to perform the surgery within the standard of reasonably care that a similar surgeons or medical professional would exercise under similar circumstances and that the failure to meet this duty of care (breach of duty) resulted in your personal injury or loved one’s wrongful death.
Florida is a state that does limit the amount of damages one receive in a medical negligence case. If you have been injured or suffer from the effects of a surgical error, you could be entitled to financial compensation for your medical costs, any lost wages, your pain and suffering, and other potential damages. As with other claims medical malpractice claims you must follow the statute of limitation rules of filing within two years of the incident date or date when error was discovered.
Attorney Tami Wolfe knows these cases are highly complex and has the experience recognizing surgical errors and has successfully litigated these types of medical malpractice cases. She represents clients throughout South Florida including Davie, Fort Lauderdale, Plantation, Weston and Sunrise.
If you or a loved one has suffered injuries or death due to a surgical error, contact Tami Wolfe online or call her at (954) 791-0477 for a FREE consultation.